PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING CAMBRIDGE ASSOCIATES’ (HEREINAFTER “CA”) WEBSITE (HEREINAFTER “THE SITE”), OR THE INFORMATION OR SERVICES OFFERED OR AVAILABLE THROUGH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.
In these Terms and Conditions of Use, the words, “we,” “us,” and “our” mean Cambridge Associates, and any company affiliated.
Unless otherwise required by law, CA may terminate your access to the Site without cause, at any time, with or without notice to you. If you terminate your agreement to these Terms and Conditions of Use, you may no longer use or access the Site. The termination of your access to the Site, regardless of the terminating party, will not affect your obligations or our rights arising under these Terms and Conditions of Use before such termination.
2. Limitations of Liability
Risks of use. Access to the Site may be limited or unavailable during periods of peak demand, system upgrades, maintenance or for other reasons. CA will not be liable to you if you are unable to access information or use an online service through the Site.
Limitation of Damages. IN NO EVENT WILL CA BE LIABLE FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION THEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION ON THE SITE.
No Liability for Events Outside of CA’s Control. CA will not be liable for any loss that results from a cause over which CA does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines ; (2) telephone or other interconnect problems, (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network;(6) problems with intermediate computer or communications network or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, or other natural disasters or labor disputes. CA is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Site.
3. Disclaimers of Warranties
TO THE EXTENT ALLOWED BY LAW, CA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE INFORMATION THEREIN, AND ANY ONLINE SERVICE OFFERED THROUGH THE SITE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. CA PROVIDES THIS SITE AND ANY ONLINE SERVICES AVAILABLE THROUGH THE SITE “AS IS”. THE SITE MAY CONTAIN INACCURACIES OR ERRORS AND CA DOES NOT WARRANT THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. CA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR THE ONLINE SERVICES AVAILABLE THROUGH THIS SITE ARE FREE OF VIRUSES. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE ONLINE SERVICES AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. No Professional Advice
The information appearing on the Site should not be construed as legal, tax, accounting or other professional advice. You should obtain appropriate advice from qualified professionals in your applicable jurisdiction regarding the circumstances of your individual and unique situation.
5. The information provided on this site is not an offer to sell or a solicitation of an offer to buy any securities. Any offering or solicitation will be made only to qualified prospective investors, pursuant to offering and subscription documents, all of which should be read in their entirety.
6. Protecting your User Name and Password
You are responsible for keeping your user name and password confidential. You agree not to hold CA liable for any damages of any kind resulting from your decision to disclose your user name or password to any other person. If you believe that your user name or password may have been lost or stolen, or if you suspect any unauthorized activity on your account, please contact us immediately.
CA may suspend or cancel your access to the Site if we suspect the Site, your account, or any online service offered through the Site is being used in an illegal, unauthorized or fraudulent manner.
The trademarks, logos, graphics and service marks, (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of CA or its subsidiaries and affiliates and third party vendors. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks on the site, without the express prior written consent of CA or such affiliates and third party vendors that may own such Trademarks, which consents shall be in the sole and absolute discretion of CA. Except as specifically provided in these terms and conditions, your use of any of the intellectual property rights, or any other information or content, displayed on the Site is strictly prohibited. US and international copyright laws protect the Site and any content on the Site, and you agree to comply with all copyright laws in your use of the Site, and prevent any unauthorized copying of the contents of the Site. CA will enforce all of its intellectual property rights to the fullest extent of the law.
8. Links to Other Websites
This web site may contain links to other web sites operated by third parties. CA is not responsible for the content available on the third-party sites. Such links do not imply CA’s endorsement or approval of material on any other site. It is the user’s responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. CA is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or references to or reliance on information contained therein.
9. Terms and Conditions of Use Subject to Change
CA reserves the right to revise these Terms and Conditions of Use at any time without prior notice. Your continued use of the Site will constitute your acceptance of such revised Terms and Conditions of Use.
10. No Unlawful or Prohibited Use.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use.
You agree to indemnify, hold harmless and defend CA and its officers, directors, agents and employees from and against any and all claims, liabilities, costs and expenses other than third party claims of intellectual property infringement arising out of or related to your use of the Site.
12. Attorney’s Fees
If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that claim, action or proceeding, in addition to any other relief to which such party may be entitled.
13. Governing Law
These Terms and Conditions shall be governed by the laws of the state of Massachusetts and, where applicable, by federal law. However, any issue relating to a service with CA which you can access through the Site shall be governed by the law(s) specified in the agreement for that account or service, if any, if there is a separate agreement for that service.
If one or more of these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other term or condition, but shall be construed as if such invalid, illegal or unenforceable terms or conditions had never been contained.
In the event CA waives any term or provision hereof at any time or from time to time, such waiver shall not be deemed a waiver of the term or provision in the future.